With the passage of Bill C38 the National Energy Board last week issued its Interim Memorandum of Guidance Concerning Oil a Applications and Gas Import Applications under Part VI of the National
Energy Board Act (Interim Oil and Gas MOG) Read it and weep.
To: All Interested Parties
Dear Sir or Madam:
Interim Memorandum of Guidance Concerning Oil and Gas Export
Applications and Gas Import Applications under Part VI of the National
Energy Board Act (Interim Oil and Gas MOG)
The Jobs, Growth and Long-term Prosperity Act received Royal Assent on 29 June 2012. It
contains amendments to the National Energy Board Act (the NEB Act) which affect the National
Energy Board’s (Board) review of oil and gas export and gas import applications.
As a result of these changes, the Board will review and update the National Energy Board Act
Part VI (Oil and Gas) Regulations, SOR/96-244 (Part VI Regulations). The Board will also
review the Market-Based Procedure for assessing gas export licence applications. The review
will begin in the summer of 2012 and will include an opportunity for public comment. Until such
time as the Part VI Regulations have been revised, the Board is issuing this Interim Oil and Gas
Memorandum of Guidance.
Specifically, the amendment of section 24 (public hearings) of the NEB Act means that public
hearings, with respect to gas export and import licences, are no longer mandatory under the
NEB Act.
In addition, section 118 (criteria) of the NEB Act is amended for considering a licence to export
oil or gas. The NEB Act’s criteria is that the Board shall satisfy itself that the quantity of oil or
gas to be exported does not exceed the surplus remaining after due allowance has been made for
the reasonably foreseeable requirements for use in Canada, having regard to the trends in the
discovery of oil or gas in Canada. This amendment specifies what the Board is legally mandated
and authorized to consider for an oil or gas export license application.
As a result of the amendments to section 118, the Board no longer requires applicants for oil and
gas export licences and gas import licences to file the following information under the Part VI
Regulations:
…/
Part II: GAS
Division I: GAS OTHER THAN PROPANE, BUTANES AND ETHANE
Information to be Furnished by Applicants for Licences for Exportation
12. (f) information respecting the potential environmental effects of the
proposed exportation and any social effects that would be directly
related to those environmental effects;
Information to be Furnished by Applicants for Licences for Importation
13. (e) information respecting the potential environmental effects of the
proposed importation and any social effects that would be directly
related to those environmental effects;
Division II: PROPANE, BUTANES AND ETHANE
Information to be Furnished by Applicants for Licences for Exportation
20. (e) information respecting the potential environmental effects of the
proposed exportation and any social effects that would be directly
related to those environmental effects;
Part III: OIL
Information to be Furnished by Applicants for Licences for Exportation
[oil other than light crude oil or heavy crude oil]
25. (e) information respecting the potential environmental effects of the
proposed exportation and any social effects that would be directly
related to those environmental effects;
[light crude oil or heavy crude oil]
25.1(c) information respecting the potential environmental effects of the
proposed exportation and any social effects that would be directly
related to those environmental effects;
…/3
In accordance with the Jobs, Growth and Long-term Prosperity Act, the Board will not place
conditions on any oil or gas licences or orders concerning requirements related to the protection
and restoration of the environment and any social effects that would be directly related to those
environmental effects.
Therefore, the Board will no longer issue conditions authorized by the following sections of the
Part VI Regulations:
Part II: GAS
Division I: GAS OTHER THAN PROPANE, BUTANES AND ETHANE
Terms and Conditions of Licences for Exportation and Importation
14. (g) the environmental requirements that must be met for the licence to
take or remain in effect.
Terms and Conditions of Orders for Exportation or Importation
16. (h) the environmental requirements that must be met for the order to
take or remain in effect;
Division II: PROPANE, BUTANES AND ETHANE
Terms and Conditions of Licences for Exportation
21. (e) the environmental requirements that must be met in order for the
licence to take or remain in effect.
Terms and Conditions of Orders for Exportation
23. (f) the environmental requirements that must be met in order for the
order to take or remain in effect;
…/4
Part III: OIL
Terms and Conditions of Licences for Exportation
27. (e) the environmental requirements that must be met in order for the
licence to take or remain in effect.
Terms and Conditions of Orders for Exportation
29. (f) the environmental requirements that must be met in order for the
order to take or remain in effect;
Should there be any questions with respect to the Board’s Interim Oil and Gas MOG, please
contact Karen Morton, Energy Trade Team Leader at 403-299-2755, Rudy Singer, Project
Manager at 403-299-3623 or, for service in French, Ingrid Ektvedt, Market Analyst at
403-299-3518. Alternatively, Board staff can be reached toll-free at 1-800-899-1265.
Yours truly,
Sheri Young
Secretary of the Board
Huge h/t @Juicexlx
NOTE: My original title for this post was NEB to all interested parties: Fuck the environment. While I toned it down a tad I still much prefer it to the one I ultimately chose.
WOW! Harper is true to his Reformist words: "you won't recognize Canada..."
ReplyDeleteThis is so short-sighted and appalling that I am at a loss for words. (And I am more convinced than ever that they committed electoral fraud in order to bulldoze these changes.)
Yep They will not stop at anything to see their agenda realised. I too was left speechless but them this memorandum speaks for itself and demonstrates vividly just how far the Harperites will go in stripping any consideration of the environment from the approval process
DeleteAs well as eliminating environmental protections re tar sands, pipeline, tanker related environments, I assume this will also ensure hydraulic fracturing and waste fluid disposal will now encounter no NEB restrictions or oversight at the planning and licensing stages.. and certainly not at the environmental repair stage (as if there is such a thing).
ReplyDeleteThe last remaining barriers to defeat this will be the First Nations Treaties in Alberta and particularly in British Columbia. The Harper Government is already mounting its effort to 'Extinguish' the treaties and their stipulations.. and will no doubt push the RCMP and Canadian Forces into internal enforcement mode as soon as required.
Although I believe its possible that a runaway Canadian political party with a parliamentary majority can enforce its own agendas and strip away existing law, I do not believe the principals of such a party can escape legal consequences resulting from their actions.. especially actions that are evasive, illegal, obstructive. Actions or illegitimate policies that jeopardize or injure or result in mortality to Canadian citizens will result in capital crimes trials I would assume, unless the justice system has been corrupted.
Thus a person, or family, community or tribe who's water or food sources have been compromised/poisoned, or who's breathing environment has been compromised/polluted, must be protected and defended to the full extent of Canadian Law.. and the perpetrators called before the courts and their processes stopped. Bitumen, asbestos, hydraulic fracturing sand & fluids, escaping born at wellheads and casings, downstream mercury infiltration, wind-born mercury all meet the criteria, and there are many others.
Its one thing to be an ambitious ruthless political animal along the lines of Stephen Harper or Joe Oliver. Its yet another thing to ruthlessly legislate against the health and welfare and lives of the citizens and country you were elected to protect.
Thank you for your insightful comments. unfortunately the scenario you paint is all too realistic
Delete